ASHA SINGH v. STATE OF U.P. THRU. PRIN. SECY. IRRIGATION DEPTT. LKO AND 4 OTHERS
WRIC/1066/2025 · 2025-02-05
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121467 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121467 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7465-DB Court No. - 2 Case :- WRIT - C No. - 1066 of 2025 Petitioner :- Asha Singh Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation Deptt. Lko And 4 Others Counsel for Petitioner :- Ram Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Heard.
2. The land, bearing Gata No.619M, initially was recorded in the name of Babadeen as informed by the Counsel for the petitioner. Babadeen is said to have executed a sale deed pertaining to land measuring 0.225 hectares of the said Gata in favour of the State Government for construction of the canal. The construction of the canal was undertaken, however, according to the petitioner, it was constructed on land in excess of 0.225 hectares which was purchased by the State Government.
3. Be that as it may, after construction of irrigation canal, the petitioner purchased the remaining area of Gata No.619M, measuring 0.296 hectares, on 27.09.2010 as informed by the petitioner's counsel, now he has filed this petition claiming compensation for the land utilized by the irrigation department in excess of what was purchased. We are of the opinion that the
petitioner being subsequent purchaser of the land and the land having already been utilized by the irrigation department for constructing the canal as per the petitioner's counsel himself, writ proceedings are not the appropriate remedy. The petitioner may avail other remedy whether against the vendor or against the irrigation department of the State of U.P., as the case may be, as far as it may be permissible under law.
4. The writ petition stands disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Date :- 5.2.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench